The trial of the eleven members of the South African Students Movement and the Soweto Students Representative Council (see FOCUS 20 p.11) resumed on 1 February in Kempton Park Circuit Court with the defence case.
When the state case closed in November, press commentators pointed out that the evidence led did not support the charge of perpetrating violence, as there was little direct evidence and "so far not one witness has identified any of the accused as being personally involved in such incidents" (T 29.11.78). It was also noted that no evidence had been led on some of the most serious charges such as alleged meetings to make petrol bombs and listen to a 'terrorist'. (RDM 1.2.79)
The accused are Sechaba Daniel MONTSITSI, Seth Sandile MAZIBUKO, Wilson 'Chief' TWALA, Mafison MOROBE, Ms. Susan Sibongile MTHEMBU, Thabo NDABENI, Reginald Teboho MGOMEZULU, Khotso LENGANE, Michael KIBA and George NKOSINATI.
The defence case eventually opened on 5 February with an application for the discharge of Seth Mazibuko on the grounds that he had been in detention more or less continuously since 2 July 1976 and could not be responsible for the acts alleged, and for that of six others who had joined the SSRC only in 1977 and could therefore not be held liable for violence committed at other times.
The defence further argued that the state had proceeded on the basis that SASM and the SSRC were interchangeable, whereas the two were separate organisations and a member of one would not be legally responsible for what members of the other had done. The state had proved that SASM and the 'Action Committee' had planned a peaceful demonstration on 16 June but not that the violence which broke out was part of a conspiracy.
The state responded to the discharge application by presenting a 'report-back' from the SSRC to SASM, claiming that this showed the SSRC was a branch of SASM, and two letters allegedly from Seth Mazibuko in which he described the pre-June strikes in Soweto schools and said that SASM had given birth to the SSRC. The six who had joined the SSRC in 1977 were held liable for the planning of the commemoration meeting on 16 June 1977 although they were arrested before it took place. It was also submitted that the methods employed by the SSRC during the five 'stay-aways' in 1976 made nonsense of the claim that it was a non-violent organisation. All the documents appended to the indictment were admissible as evidence since most had a bearing on what happened in Soweto in June 1976 and subsequently; songs and poems could have an emotional effect on student marches.
In a counter-argument the defence said that one of the documents allegedly found on accused Wilson Twala was of unknown authorship and contrary to SSRC policy; if not explained it could be prejudicial. Nor was there any link between evidence of attacks on buses (given by Putco drivers) and the policy of the SSRC.
The discharge application was refused on 23 February (RDM 2/6/7/8/23.2.79).
